Can the form be signed electronically?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA in most states, provided intent, consent, attribution, and reliable record retention are met. Check for specific exceptions such as wills or certain court filings.

Is notarization required for enforceability?

Not typically for ordinary commercial representations, but some jurisdictions or instruments may require notarization or witness signatures. For documents tied to real estate or statutory powers, follow state notary and witness rules.

What if the signer lacks clear authority?

If authority is uncertain, obtain a corporate resolution, certificate of incumbency, or opinion letter. Missing authority risks contract avoidance or fraud claims and may invalidate representations.

How do I correct errors after signing?

Execute an amendment or corrected representation with matching signatures and dates. Treat corrections as new records; retain both versions and note the reason for amendment in the audit trail.

How long should signed forms be retained?

Retain signed records per applicable laws: at least three years for tax-related records (IRC §6501(a)) and six years for HIPAA-regulated records (45 CFR §164.530(j)). Industry or state rules may require longer retention.

How to verify an electronic signature's authenticity?

Use the platform's audit trail (timestamps, IP logs), authentication method (email, SMS, KBA), and attached supporting documents. For high-assurance needs, require stronger identity proofing or digital certificate signatures.

Electronic Signature
Templates
Miscellaneous
Business Representations Form

Business Representations Form

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

BUSINESS REPRESENTATIONS FORM

Company Name: Counterparty Name:

RECITALS

WHEREAS, Company Name is engaged in the business described in its organizational documents and has the authority and capacity to enter into and perform the obligations set forth in this Business Representations Form;

WHEREAS, Counterparty Name wishes to rely upon the representations and warranties made by the signing party and requires formal confirmation of certain corporate, financial and regulatory matters prior to commencement of services or exchange of consideration; and

WHEREAS, the parties agree that the representations, covenants and certifications set forth below shall form the basis for contractual relationships between the parties and may be relied upon by the receiving party in negotiating and documenting any subsequent agreements.

BUSINESS REPRESENTATIONS

The undersigned party represents and warrants to the other party that, as of the date of execution below, the following statements are true and accurate. Check each box to certify the representation.

Organization and Good Standing: The signing party is duly organized, validly existing and in good standing under the laws of its jurisdiction of formation, and has the power to own its assets and conduct its business as presently conducted.

Authority and Enforceability: The execution, delivery and performance of any resulting agreement have been duly authorized by all necessary corporate or organizational action, and such agreement would be a valid and binding obligation enforceable against the signing party in accordance with its terms.

No Conflict: Neither the execution nor the performance of obligations under any resulting agreement will violate any material contract, law, regulation, license, judgment, or order applicable to the signing party.

Financial Condition: To the signing party's knowledge, there are no material undisclosed liabilities, and the financial information provided to the other party fairly presents the financial condition of the signing party as of the dates or periods presented.

Compliance with Laws: The signing party is in compliance with applicable laws, rules and regulations material to its business, including but not limited to tax, employment and environmental obligations, except where noncompliance would not reasonably be expected to have a material adverse effect.

Intellectual Property: The signing party owns or possesses sufficient rights to use all intellectual property necessary to perform its obligations and, to its knowledge, the use of such intellectual property does not infringe third-party rights.

No Undisclosed Litigation: There is no pending or, to the signing party's knowledge, threatened litigation, arbitration or administrative proceeding that would reasonably be expected to materially impair its ability to perform.

Tax Status: The signing party has filed all material tax returns required to be filed and has paid all taxes shown as due on such returns or has disclosed any contested tax liabilities.

Anti-Corruption and Sanctions: The signing party, to its knowledge, is not subject to sanctions, and has complied with applicable anti-corruption and trade sanctions laws in connection with the matters contemplated by these representations.

Exceptions or Qualifications (if any):

SCOPE OF WORK

Services to be provided:

PAYMENT TERMS

Total Amount: Payment Schedule and Milestones: Invoice and Payment Terms: Late Payment Fee:

TERM AND TERMINATION

Term Commencement Date: Term Expiration Date:

Notice Period for Termination without Cause: Termination for Cause — Cure Period and Remedies:

CONFIDENTIALITY

The signing party agrees that all non-public information disclosed to the receiving party in connection with the matters contemplated by this form shall be treated as Confidential Information. Confidential Information shall be used solely for the purposes of evaluating or performing the contemplated business relationship and shall not be disclosed to third parties except as required by law, provided that the receiving party gives prompt written notice and uses commercially reasonable efforts to obtain confidential treatment.

Confidentiality is Mutual Confidentiality is One-way (disclosing party only)

Duration of Confidentiality: Exceptions to Confidentiality:

GOVERNING LAW

This Business Representations Form and any disputes arising out of or relating to it shall be governed by and construed in accordance with the laws of: , without regard to conflict of law principles.

ENTIRE AGREEMENT; RELIANCE

These representations and any written agreement that references them constitute the entire understanding between the parties with respect to the subject matter herein and supersede all prior oral and written communications. Each party acknowledges that it has not relied upon any representation or warranty except those expressly set forth in this form or in a subsequently executed written agreement.

NOTICES

Company Address for Notices: Counterparty Address for Notices:

Any notice or communication required or permitted hereunder shall be in writing and delivered to the addresses provided above or such other address as a party may specify in writing.

Company Printed Name:

By:

Date:

Counterparty Printed Name:

By:

Date:

What the Business Representations Form Is

A Business Representations Form is a written set of statements a company makes about its legal status, authority, financial condition, and compliance matters for a counterparty or regulator. It typically confirms facts such as corporate existence, authority of the signer, absence of undisclosed liabilities, and compliance with applicable laws. The form is used during due diligence, contract formation, financing, mergers, acquisitions, and vendor onboarding to create a record of agreed factual assertions.

Why this form matters to transactions

Business representations reduce ambiguity between parties, allocate risk, and create a factual baseline for remedies if a statement proves false. They support informed contracting, faster due diligence, and clearer post-closing responsibilities.

Typical users and contributors

Several internal and external roles regularly prepare, review, or sign Business Representations Forms during transactions.

Legal teams who draft and verify representations before signing and closing.
Finance and accounting teams that confirm balance-sheet and tax-related statements.
Authorized officers or directors who provide signature and warranty on behalf of the entity.

Understanding who participates helps assign responsibilities and reduce processing delays during negotiation and closing.

Who can sign and why their role matters

Authorized Signer

Typically a corporate officer, director, or other person with delegated authority. The signer should be listed in corporate resolutions or bylaws; if authority is unclear, attach a certificate of incumbency or board resolution to avoid later challenges.

Company Counsel

In-house or outside counsel often prepares or reviews representations to ensure accuracy and to limit overbroad language. Counsel can recommend appropriate qualifiers and conditions that reduce legal exposure while meeting counterparties' information needs.

Core elements that appear in a professional Business Representations Form

A robust form groups statements into standard categories, ensures precise wording, and pairs each representation with a date and signature block for enforceability.

Corporate Existence

Statement confirming the entity is duly formed and in good standing under its jurisdiction, including registration details and any material restrictions on operations.

Authority and Power

Declaration that the signer has the legal authority to enter into the agreement and that executing the form does not violate other material obligations.

Financial Statements

Assertions about the accuracy of recent financial statements, absence of undisclosed liabilities, and any material changes since the last reporting period.

Compliance with Laws

Representations that the business complies with material statutes and regulations relevant to its operations, and identifies any known investigations or violations.

Material Contracts

Disclosure of material agreements, liens, or encumbrances that could affect performance or transferability of assets relevant to the transaction.

Signature and Date

Clear signature block with printed name, title, date, and a reference to corporate authority documents when required for validation.

How to complete the Business Representations Form — step by step

These sequential steps explain how to prepare, verify, and finalize the form for execution and delivery.

01

Gather Documents: Collect formation docs, financials, and corporate resolutions for verification.
02

Draft Statements: Prepare precise representations and insert any necessary qualifiers or exceptions.
03

Internal Review: Have legal and finance review for accuracy and completeness before execution.
04

Execute and Record: Obtain authorized signature(s), date the form, and store the signed copy in records.

Recommended digital workflow settings for online completion

Configure these fields and settings to streamline digital completion, verification, and auditability.

Field	Configuration
Signature Field	Require signer name and timestamp; enable audit trail.
Attachment Field	Allow upload of formation docs and resolutions (PDF preferred).
Authentication	Use email + SMS code or stronger MFA for higher-assurance transactions.
Retention Setting	Enable automatic archiving and export to secure cloud storage.

End-to-end process for e-submitting the form

A typical eSubmission follows a consistent flow from upload to a signed, auditable record stored for retention.

Upload Document: Sender uploads the form in PDF or DOCX format to the signing platform.
Place Fields: Sender positions signature, date, and attachment fields where required.
Identify Signers: Enter signers' emails and assign signing order if needed.
Complete Signing: Signers authenticate, sign electronically, and receive a final signed copy with audit trail.

Technical and platform considerations for eSubmission

Ensure the chosen eSignature platform supports required authentication, recordkeeping, and integrations for reliable execution.

Integrations: Support for CRM and cloud storage reduces manual uploads and centralizes records.
File Formats: Accept PDF and DOCX and produce ISO-compatible signed PDF output.
Authentication: Offer email, SMS, or advanced authentication (KBA/MFA) depending on transaction risk.

Common preparation mistakes to avoid

Using vague language such as 'to the best of our knowledge' without defining scope, which creates ambiguity in enforcement and litigation.
Failing to attach or cite supporting documents (certificates, resolutions), leaving signer authority disputed after execution.
Mismatching legal entity names or identifiers (EIN), which can invalidate tax reporting and trigger backup withholding.
Skipping internal review by legal and finance, increasing the risk of undisclosed liabilities or inaccurate financial assertions.

Security and compliance points to document in the record

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Audit Trail: Timestamped events, IP addresses, and action logs

Certifications: SOC 2 Type II and ISO 27001 certs available

HIPAA: HIPAA-compliant with a BAA option

ESIGN / UETA: Compliant with ESIGN and UETA legal standards

Accessibility: WCAG 2.0 Level AA support for usability

Potential legal and financial consequences of errors

Incorrect Tax Info: Backup withholding 24% if TIN missing

Late Reporting: 1099 late penalty $60 per form

Intentional Disregard: 1099 intentional-disregard $660+ per form

Unauthorized Signature: Contract voidability or fraud claims possible

Missing Notarization: State-specific invalidation risk for certain instruments

Retention Failures: Regulatory fines or evidentiary problems

Typical timing expectations for review and submission

Set explicit internal deadlines for each stage to avoid delays: drafting, review, signature collection, and archival.

Draft Completion:

Complete initial draft within 3–5 business days for standard transactions

Internal Review Window:

Allow 5–10 business days for legal and finance review depending on complexity

Signature Collection:

Aim for signer turnaround within 7 business days after sending

Record Archival:

Archive signed documents within 2 business days of final signature

Exception Resolution:

Resolve disclosed exceptions before closing or attach agreed carve-outs

Comparison of common eSignature vendor plans and capabilities

Key vendor differences for eSignature platforms often affect cost, bulk sending, HIPAA support, and envelope limits; signNow appears first in the comparison below.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions about execution, validity, and storage

Answers to common operational and legal questions about using Business Representations Forms and eSignature workflows.

Need help? Contact support

Can the form be signed electronically?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA in most states, provided intent, consent, attribution, and reliable record retention are met. Check for specific exceptions such as wills or certain court filings.
Is notarization required for enforceability?
Not typically for ordinary commercial representations, but some jurisdictions or instruments may require notarization or witness signatures. For documents tied to real estate or statutory powers, follow state notary and witness rules.
What if the signer lacks clear authority?
If authority is uncertain, obtain a corporate resolution, certificate of incumbency, or opinion letter. Missing authority risks contract avoidance or fraud claims and may invalidate representations.
How do I correct errors after signing?
Execute an amendment or corrected representation with matching signatures and dates. Treat corrections as new records; retain both versions and note the reason for amendment in the audit trail.
How long should signed forms be retained?
Retain signed records per applicable laws: at least three years for tax-related records (IRC §6501(a)) and six years for HIPAA-regulated records (45 CFR §164.530(j)). Industry or state rules may require longer retention.
How to verify an electronic signature's authenticity?
Use the platform's audit trail (timestamps, IP logs), authentication method (email, SMS, KBA), and attached supporting documents. For high-assurance needs, require stronger identity proofing or digital certificate signatures.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now